Ottawa County: Court rules boat launch not liable for injury

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The operator of a boat launch ramp in Oak Harbor isn’t liable for an injury to a man in 2020 who cut his leg when he stepped into a gap between floating docks, the Ohio Sixth District Court of Appeals has ruled.
The appeals court ruling upholds a decision by the Ottawa County Common Pleas Court that determined the man, Frank Lepkowski, Jr., didn’t establish material facts supporting his claim of premises liability against DLF Enterprises and Wild Wings Marina, Inc.
The trial court granted summary judgment to the companies in December 2023 and January 2024.
Lepkowski was injured while he and his son were re-launching his boat after pulling it from the water for upgrades to electronic equipment.
In March, 2022, he commenced a lawsuit, alleging that DLF and Wild Wings were negligent by failing to keep the premises reasonably safe for business invitees, failing to “prevent, remove, or warn against hazards” then on the property, and failing to warn him of a “latent hidden danger.” He claimed long-term physical impairment and suffering due to DLF and Wild Wings’ breach of duty.
The companies each filed motions for summary judgment, claiming they had no legal duty to protect or warn Lepkowski of an open and obvious hazard, that there were no circumstances negating the open and obvious status, and that they were entitled to immunity based on Lepkowski’s recreational user status.
The appeals court agreed with the argument that the gap between the floating dock sections ‘’was an open and obvious condition of the dock, relieving DLF and Wild Wings of any duty to warn its invitees.”
Lepkowski had also challenged the trial court’s finding that he was a “recreational user” of the boat ramp. But the appeals court ruled that because it had already determined there was sufficient basis to grant summary judgment due to the open and obvious nature of the gap, it would declare that issue moot.
The trial court had ruled that if it determined Lepkowski was a recreational user of the ramp, DLF and Wild Wings would be immune from liability.